florida, indiana, michigan, virginia and utah. >>> time now, 8:06 a.m. a federal judge cleared the way for the first execution in california in 4 years. death row inmate albert brown is set to die by lethal injection at san quentin wednesday. it is drawing mixed reaction. here santa clara law professor, thanks for joining us today. this is an interesting topic with a lot of loopholes there is a lot of things i didn't even know about. let's talk about the one thing we do know. this judge five years ago basically said he was stopping lethal injection because it caused great physical pain now five years later he is saying i will give you a second option of lethal injection and it won't cause pain is that how this is going? >> when the judge ruled five years ago he was looking at a different procedure since that time the state has new procedures how they would administer the lethal injection but the procedure is essentially the same, the same three drug combination to kill someone. this time judge fogle instead of holding hearings again said i don't have eno